(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. They were both found guilty by a jury at Exeter Crown Court after six hours of deliberations and Judge Timothy Rose adjourned their sentences until the New Year to allow time for probation pre-sentence reports to be compiled. Please check official sources. Second-degree cruelty to children is classified as a felony in Georgia, and the penalty can include a prison sentence of one to ten years. In Georgia, cruelty to children in the first or second degree is classified as a felony, and a conviction means that you not only lose your freedom, but also valuable civil rights such as the right to possess a firearm or the right to vote. A second-degree cruelty to children charge is also a felony and carries a sentence punished by imprisonment for 1 – 10 years. Distributing Obscene Materials, O.C.G.A. § 16-5-70 . Sex trafficking of children or by force, fraud, or coercion, 18 U.S.C. Under Georgia law there are three separate levels of child cruelty. Sexual Exploitation of Children (Production of Child Pornography), 18 U.S.C. Trafficking of a person for labor or Sexual Servitude, O.C.G.A. Obscene telephone contact; conviction; penalties, Commercial Sexual Exploitation of Children (CSEC), O.C.G.A. Count 1: OCGA 16-5-42 False imprisonment under color of legal process: On 4/25/15 Lois Kitchens was arrested in Bartow County for cruelty to children in the 1st, a crime she did not commit. § 16-5-70. In Georgia, the crime of cruelty to children is broken down into three different degrees: first-degree cruelty, second-degree cruelty and third-degree cruelty. § 16-12-100.3. Cruelty to child in the second carries 1-10 years and cruelty to child in the third is a misdemeanor for the first offense, but subsequent convictions are felonies and carry 1-3 years. § 16-12-100. Georgia Office of the Child Advocate for the Protection of Children 6 2017 Annual Report. He was arrested for 3 counts of cruelty to a child and lewd and lascivious behavior with a victim 12 – 16 years old. We usually think of striking a child as abuse. 376 (1993). O.C.G.A. In general terms, a Mandated Reporter would be defined as any person who has care or oversight of a minor child. Under OCGA 16-12-4, A person commits the offense of cruelty to animals when he or she: Causes physical pain, suffering, or death to an animal by any unjustifiable act or omission; or Fails to provide an animal in their custody with adequate food, water, living conditions or resources that a reasonable person would think sufficient for the animal’s size, breed, species, and physical condition. To report child abuse: If you have an immediate emergency, call 911 or your local police department; otherwise, call DFCS Child Protective Services to report child abuse and/or neglect. Because of the vast difference in consequences for each degree of child cruelty, we will talk about each individual degree separately. Child cruelty trial: Toddler was 'bitten, smacked and left with bruises all over ' Menu. O.C.G.A. Today, I’m going to explain the definition of this crime and talk about some of the common ways I’ve seen people charged with first degree cruelty to children. Cite as OCGA § 16-5-70. (a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. Bohannon v. State, 230 Ga. App. First degree cruelty to children carries a prison term from five to twenty years, second degree is punished by up to ten years in prison, and third degree child cruelty is a misdemeanor. Leaving a young child alone for several hours or leaving a 7-year-old to babysit a 3-year-old could also rise to the level of criminal negligence, he said. Aggravated assault carries a maximum of 20 years, but there are a variety of circumstances that effect the possible range of punishment that are found in OCGA 16-5-21. (3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Child abuse or child maltreatment is physical, sexual, and/or psychological maltreatment or neglect of a child or children, especially by a parent or a caregiver. Involving the Sexual Exploitation of children ( Production of child Pornography ), 18 U.S.C created a murder! 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